Callies v. Modern Woodmen of America
Missouri Court of Appeals
Appeal from Pettis Circuit Court. — He». George F. Longcm, Judge. (1) The local camp at Nevada had no power, by either acts or omissions, to waive contract provisions, between Callies and the head camp. McMahon v. Maccabees, 151 Mo. 522; Borgraffe v. K. & L. of H. 22 Mo. App. 141; TIarvey v. Gd. Lodge, 50 Mo. App. 477; Snp. Ldge. v. Keener, 25 S. W. 1085; Field v. K. & L. of Sec., 89 N. W. 6; Nor. Ass A v. Gd. View B. Ass A,’ 22 Snp. Ct.
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Appeal from Pettis Circuit Court. — He». George F. Longcm, Judge. (1) The local camp at Nevada had no power, by either acts or omissions, to waive contract provisions, between Callies and the head camp. McMahon v. Maccabees, 151 Mo. 522; Borgraffe v. K. & L. of H. 22 Mo. App. 141; TIarvey v. Gd. Lodge, 50 Mo. App. 477; Snp. Ldge. v. Keener, 25 S. W. 1085; Field v. K. & L. of Sec., 89 N. W. 6; Nor. Ass A v. Gd. View B. Ass A,’ 22 Snp. Ct. Rep. 153; U. S. L. I. Co. v. Smith, 92 Fed. 503. (2) “The law of agency is the same, whether it be applied to the act of an agent undertaking to continue a…
1Opinion of the CourtEllison, J.
The defendant is a fraternal benefit society and Albert L. Callies became a member thereof' and took out a benefit certificate insuring his life in the sum of $2,000, of which sum $1,000 was to be paid to his mother and $500 to each of two sisters. Callies died about the 27th of May, 1901, at the Asylum in Nevada, Missouri. Each of the beneficiaries brought suit for the sums named payable to them. These suits were consolidated and tried as one. At the close of the trial the court gave a peremptory instruction for plaintiff.
The deceased at time of his application did not use intoxicating…
2Cases cited10 opinions
- Phoenix Life Ins. Co. v. RaddinSupreme Court of the United States · 1887
- Campbell v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1867
- Jeffries v. Life InsuranceSupreme Court of the United States · 1875
- Masonic Benevolent Ass'n v. BunchSupreme Court of Missouri · 1891
- Keener v. Grand LodgeMissouri Court of Appeals · 1889
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Rosman v. Travelers' Insurance Co. of ConnecticutCourt of Appeals of Maryland · 1916
- Wirthlin v. Mutual Life Ins. Co.Court of Appeals for the Tenth Circuit · 1932
- Modern Woodmen of America v. BerryNebraska Supreme Court · 1917
- Edmonds v. Modern Woodmen of AmericaMissouri Court of Appeals · 1907
- Sovereign Camp of the Woodmen of the World v. McDonaldSupreme Court of Florida · 1918
8 more not listed; retrieve them via the Exa API.